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04-28-1980 - Regular ~. Q u, v CITY OF EDGEIVATER CITY COUNCIL REGULAR MEETING April 28,'1980 CALL"- TO ORDER Mayor Christy called the meeting to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Excused Present Present Present Present INVOCATION Rev. Boggs SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made a motion to adopt, with corrections, the minutes of A~ril 21, ,19P-0. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 3 - I. Counc ilman Ledbetter voted N0~~due- to" ab sence. BILLS,AND ACCOUNTS Councilman Asting made a motion to pay the bills. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. PROCLAHATION Mayor Christy read the proclamation for Disabled American Vet~rans, which he gave to a representative. Mayor Christy then asked that Old Business be moved up at this time. OLD BUSINESS Councilman Ledbetter made a motion to rescind Ordinance 110. stepped down from the Chair and seconded the motion. Councilman Ledbetter asked if this was in conflict with the State Statute. Mavor Christy , . City Attorney Woods said the animals at large would be in conflict with our Ordinance on animal control and on the general state law about animals running loose and section 2 would not be in conflict. It is up to Council to repeal it or leave it in force. Councilman Asting felt that Council should recognize the petitions that were submitted and the majority voted against the riding of horses in the City of Engewater. Mayor Christy asked Councilman Ledbetter if his motion was to keep horses out of the City completely? Councilman Ledbetter said no. Mayor Christy withdrew his second. Councilman Ledbetter withdrew his motion. - 1 - u o Mayor Christy made a motion to rescind the last sentence of section 2. Councilman Asting seconded the motion. Upon roll cal] t~e motion CARRIED 3-1. Councilman Ledbetter voted NO. COMMUNI CA'I:I ONS City Clerk Herget read Councilman Glaser's resignation letter. Councilman Ledbetter made a motion to accept the resignation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the Board of Adjustments asking for a decision on who should post the properties. Councilman Asting asked who did the posting? Mr. Millard stated that in Ordinance 880 it was stated that it was the Building Officials job. Mr. Murphy said that he was the zoning enforcement officer but that he could not find anything stating that it was his job to post properties. lB Councilman Rotundo said that Mr. Murphy was the only one that knew where the properties were and the zoning. Mayor Christy read section 1000.05 Public Hearing which stated that it was the enforcement officers job. Councilman Rotundo asked Mrs. Martin if they had had problems getting the property posted. Mrs. Martin said yes and that Mr. Lupinek and herself went down to the property April 26th and the property was still not posted by the City. Councilman Rotundo asked if Mr. Murphy had been notified. Mrs. Martin said that she had called Mr. Murphy the night of the meeting and he stated that he had an electrician drop it off, but it still is not posted. Mr. Murphy said that it was ,ut on a tree. Mrs. Martin said that it was not on the SW corner of ZBth and Willow Oak. Councilman Asting said he felt this was a reasonable request and that Mr. Murphy could have one of his assistants post these. City Clerk Herget read the letter from the Board of Adjustments granting a variance to Armada Homes. Councilman Rotundo made a motion to grant the variance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the Edgewater Volunteer Fire Department concerning fireworks for the 4th of July. Councilman Asting asked if the money was in the budget. City Clerk Herget said that they were about $50 short in Council promotions but the money could be moved in. Councilman Rotundo made a motion to grant the Volunteer Fire Department $1,800 for fireworks. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the Humane Society concerning their quarterly report. CODRIHNATORS REPORTS Councilman Rotundo said that the Volusia County Police Benevqlent Association would like to negotiate for next years PBA contract on May 7~' 1980 at 7:00P.M. and we recommend this be at Z.OO P.M. He also suggested having a negotiating committee and'let them negotiate this and bring it to (ouncil Workshop before it comes to a vote. - Z - u o City Clerk Herget said that the committee was already established consisting of Mr. Herget, Mr. Vandergrifft and Chief Baugh. Councilman Rotundo made a motion that the 3 members of the negotiating committee come up with a plan that would be suitable for the City of Edgewater to be presented at a Workshop to the Council also Councilman Rotundo should be at the meeting_with the committee. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-(Councilman ' Ledbetter's vote not audible.) This meeting will be held May 7th at 2:00 PM. Councilman Ledbetter said that he was g~ing to try the seal coat out at the barn before trying it on the streets. He said that 100 gallons were at the barn. He will report back on this May 5, 1980. Councilman Asting spoke about the 12" PVC pipe. He read the report from 2A the Supervisor of Water Systems. He passed out a drawing of the proposed installation and said that there was not enough pipe to complete the line, we would have to purchase approximately 6600' more of pipe and installation of both would cost about $105,000.00. The pipe we now have needs to be protected from the sun. Councilman Rotundo asked why the pipe had not been put in the ground? Councilman Asting said that they did not have the $22,000 it would cost to do this. Mayor Christy stated that he would be receiving a letter about the pipe from Robintech. Councilman Asting suggested purchasing tarpaulins to cover the pipe. ~ Councilman Rotundo made a motion to instruct the water department to get estimates on the'cost of tarpaulins to cover the pve pipe. Councilman Asting seconded the motion. There was a long discussion at this time about the PVC pipe. Upon roll call the motion CARRIED 4-0. City Attorney Woods said that he would gi~e his reports under Old Business. 2B City Clerk Herget read the letter to Hay, Zima concerning the EDA Grant for the Water Plant. Councilman Asting made a motion that the Mayor and City Clerk sign the letter and send it forward~ Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget said that the telephone system had been sold. He called Telesystems as their bid was the lowest and also Rell Telephone has contacted him. He asked if the Council was still interested in a telephone system. The Council will meet with Telesysterns and Bell Telephone Honday night, May 5, 1980 at 7:00 p.m.. This will be first on the AGENDA. City Clerk Herget read the letter from Health and Rehabilitative Services concerning the Corbett Smith property. They have given Mr. Smith 30 days to clean this property. Mr. Murphy said that he sent a certified letter to ~1r. Smith stating that he had 7 days from the date of receipt to clean his property or the City would take action. Mayor Christy gave his report on the sewer plant and said that he is not satisfied with the Sewer Plant and would like a motion that the Attorney take legal action. City Attorney Woods asked Councilman Asting if we had grounds to bring a cause of action? Councilman Asting said that the CANTEX unit was performing satisfactory. He said that the column or the floor is out of plumb but it is operating properly. - 3 - o o Councilman Asting said that he will not make a decision whether or not the Attorney should pursue this. There was a 10 minute break at this time. RESOLUTIONS 3A City Attorney Woods read Resolution 80-R-l53. A RESOLUTION INCREASING THE ANNUAL SALARY OF EARL COPELAND AS SUPERVISOR OF THE STREET DEPARTMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to accept the resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. ORDTN:At-JCE S Mayor Christy read the heading of Ordinance 80-0-47. He read various correspondence concerning the deletion of "one story" in R-lA. AN ORDINANCE AMENDING SECTION 602.02(a), R-IA SINGLE FAMILY RESIDENTIAL DISTRICT, BY DELETING FROM SAID SECTION "ONE STORY"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the ordinance. The motion died due to lack of a second. Councilman Ledbetter made a motion the City Council grant Mr. Harris a special variance for two story houses in Riveredge Subdivision as approved by the Zoning Board. Councilman Rotundo seconded the motion. City Attorney Woods said that he did not know if we needed legal authority to do this. He also said that it is not in the Zoning Ordinance. Mr. Siciliano felt that the Board could recommend to Council to grant the variance only to subdivisions. City Attorney Woods read his letter dated May 11, 1979.stating that a variance could not be granted as prohibited in Article 10AlC. Councilman Asting asked the Attorney if Ordinance 80-0-47 was legal. City Attorney Woods said yes. Mayor Christy asked Mr. Woods what legal grounds we could have to grant the variance to the one area? City Attorney Woods suggested that the Council consider it as a special exception in the R-lA zoning district for two story homes~, a blanket. He also said that the motion on the floor was illegal. The motion was withdrawn. Councilman Asting made a motion that Ordinance 80-0-47 be adopted. Councilman Ledbetter seconded the motion. Councilman Rotundo felt that the Ordinance should not pass. Councilman Ledbetter said that this did not change the height of the building. Mr. Mackie said that New Smyrna Beach built 35' on both sides of Riverside. 3B Mr. Millard apologized to Mr. Asting for his statement in the paper. Mr. Lee submitted a petition signed by 62 residents living' on Riverside Drive asking for the rejection of the re-zoning. There was a great deal of discussion on this. 4A Upon roll call the motion DID NOT CARRY 2-2. Councilman Rotundo and Mayor Christy voted NO. - 4 - (.) (.) Councilman Asting made a motion to amend the Zoning Ordinance to permit in the R-lA zoning district a special exception for two story homes not to exceed 22' height level. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read Ordinance 80-0-51. AN ORDINANCE AMENDING APPENDIX A, ARTICLE XI, SECTION 1104.00, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY AN INCREASE IN THE APPLICATION FEE FOR AMENDMENT TO THE ZONING ORDINANCE; ~EPEALING ALL ORDINAN- CES IN CONFLICT HEREWITH: PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY .. THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to pass the ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods felt that Ordinance 80-0-52 should be tabled until Council has time to go over it. Councilman Asting made a motion to table this ordinance until May 5, 1980. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read Ordinance 80-0-53. AN ORDINANCE ZONING A CERTAIN PARCEL OF PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA AND SHOWN ON THE OFFICIAL ZONING MAP AS "FPL" INTO THE I-I LIGHT INDUSTRIAL DISTRICT; PROVIDING THAT THE CITY CLERK SHALL CHANGE THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA TO REFLECT SAID ZONING CHANGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this ordinance. Councilman 4B Asting seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. City Attorney Woods read Ordinance 80-0-54. AN ORDINANCE ZONING CERTAIN PARCELS OF PROPERTY PRESENTLY KNOWN AS "CEMETERY", "EDGEWATER PUBLIC SCHOOL" AND "CHURCH" INTO THE R-4, MULTI- FAMILY DISTRICT; PROVIDING THAT THE CITY CLERK SHALL CHANGE THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATERi, FLORIDA TO REFLECT SAID ZONING CHANGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo made a motion to pass this ordinance. Motion DIED for a lack of a second. City Attorney Woods read Or0inance 80-0-55. AN ORDINANCE AMENDING SECTION 603.03(3), R-5A MULTI-FAMILY DISTRICT: SECTION 603.02(3), R-5 MULTI-FAMILY DISTRICT; SECTION 607.01(4), R-4 MULTI-FAMILY DISTRICT: SECTION 606.03(3), B-4 TOURIST COMMERCIAL DISTRICT; SECTION 06.01(3), B-2 NEIGHBORHOOD BUSINESS DISTRICT; SECTInN607.00(3) , I-I LIGHT INDUSTRIAL DISTRICT: SECTION 607.01, 1-2 HEAVY INDUSTRIAL DISTRICT AND SECTION 607.02, 1-3 INDUSTRIAL PARK DISTRICT BY REDUCING BUILDING HEIGHTS IN SAID ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo made a motion to pass this ordinance. Motion DIED for a lack of a second. AUDIENCE'MISCELLANEOUS Mr, Mackie felt that it was a waste of time, effort and money to draw up the ordinances and not pass them. - 5 - --- o o NEW BUSINESS City Clerk Herget read a letter to the City Council from the City Clerk concerning the proposed change to the City charter as it pertains to qualifing to run for office. City Attorney Woods said that Council needs to determine how long a person shouJd be a resident of the City in order to run for office. He felt that an Ordinance should be drawn up to propose some kind of residency requirements and qualifications to run for office in the City and this could be presented to Council and vote on it without a referendum. Councilman Rotundo made a motion to have the City Clerk and the City Attorney get together and draw up an Ordinance for residency requirements and other qualifications to run for office in the City of Edgewater. Councilman Asting wanted to consider this further before acting.- Councilman Ledbetter stated that he would not consider this unless it was put on a referendum. Motion DIED for a lack of a second. City Attorney Woods passed out the Attorney General's oplnlon on whether or not you need a referendum for qualifications for offices. City Attorney Woods passed out the Attorney General's Annual Report on Qualification for Municipal Office. Magnuson will be on the AGENDA May 5, 1980. City Attorney Woods said that under Florida Statutes section 791.02, which controls fireworks, seems to prohibit the sale of incendiary devices. He felt the statute should be sufficient to prohibit the sale of smoke bombs in Edgewater. Councilman Asting made a motion to adjourn. Councilman Rotundo seconded the motion. Meeting adjourned Minutes submitted by Donna Prevatt COUIT llman ~ ~H ouncilman " ~-,. r rjk,td~( , -- " ~t ~ ( )aL;rtA<-~1 ' C-- nCl man " ~~' Councl m . -?A , '- ATTEST: c-i4T~ Approved thisS-~/~ May, 1980. of ~if4 " .ayor - 6 -